WTO collaborates with the WHO on a number of
different issues related to trade and health. Although there is no
formal agreement between the WHO and the WTO, the WHO has observer
status in the SPS and TBT Committees, and it has ad hoc observer
status in the TRIPS and GATS Councils. There is extensive
collaboration between the two Secretariats relating to
health and sanitary and phytosanitary measures, and continuing joint
efforts to bring attention to the need for policy coherence between
trade and health matters at both the global and national level.

The Secretariat cooperates closely with the WHO on public health-related intellectual property matters,
including by participating as observers in the WHO Intergovernmental
Working Group on Public Health, Innovation and Intellectual Property and in
the WHO's International Medical Products Anti-Counterfeiting Task
Force (IMPACT), as well as in the field of technical
cooperation.

The WTO's SPS
Agreement states that “to harmonize sanitary and phytosanitary
measures on as wide a basis as possible, Members shall base their
sanitary or phytosanitary measures on international standards,
guidelines or recommendations”. The Agreement names the FAO/WHO Codex
Alimentarius as the relevant standard-setting organization for food

The Codex
Alimentarius is a collection of international food standards that have
been adopted by the Codex Alimentarius Commission (the “Codex”). The
Codex is based in Rome and financed jointly by the FAO and the WHO.

The Standards and Trade Development Facility
(STDF), is a joint initiative of the WTO, World Bank, FAO, World Health
Organization and the World Organization for Animal Health. It aims to assist
developing countries establish and implement SPS standards to ensure
health protection and facilitate trade expansion. It also aims to act
as a forum for coordination and information sharing on SPS-related
technical assistance.

Under both the TBT and SPS Agreements,
taking regulatory action to protect health is a legitimate policy
objective. In fact, of all draft trade measures notified to the WTO
under the TBT Agreement, the largest single group relate to human
health and safety. Hence, the WHO has an important role as observer in
the TBT Committee and regularly attends its meetings. Moreover, Codex
standards — mentioned above — can be used as a basis for trade
measures covered by the TBT Agreement (e.g., labelling, nutrition and
quality). The WTO has also followed relevant work in the WHO. For
instance, during the negotiation of the Framework Convention on
Tobacco Control (FCTC), the WHO created an Inter-Agency Takes Force on
Tobacco Control for greater coordination between negotiators at an
early stage. The WTO, which has observer status in the WHO, followed
the negotiations of the FCTC and was part of this task force.

International trade in health-related
services, like all services, falls under the GATS. However, unless a
Member has undertaken specific commitments, it is not subject to any
market access or national treatment disciplines. To clarify the
(potential) implications of such disciplines, the WTO Secretariat and
the WHO have co-authored various publications in the past. Also, the
WTO Secretariat participated in several seminars and conferences
organized by the WHO